DATA PRIVACY POLICY FOR

www.oxywise.com

Version from: 1.1.2022

This privacy policy (“Privacy Policy”) explains who we are, how we process (i.e. collect, record, organize, structure, store, adapt or alter, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, align or combinate, restrict, erase or destruct) personal information about you, and how you can exercise your privacy rights. 

  1. GENERAL

This Privacy Policy applies to any collection and processing of personal data carried out:

  • when you interact with the website www.oxywise.com (the “Website”) operated by OXYWISE, s.r.o. registered seat at Hurbanova 21, 921 01 Piešťany IČO: 44651465 DIČ: 2022779099 IČ DPH: SK2022779099
  • when you purchase a product or request other services from OXYWISE, s.r.o. and/or any of its affiliates and/or subsidiaries, including the company OXYWISE, s.r.o., a company established under the laws of Slovac republic, with registered seat at: Hurbanova 21, 921 01 Piešťany, Id. No. 44651465, registered in the Trnava District Court(hereinafter collectively, “we” or ”us” or “our”), online on our Website, including when you contact our customer service for post-sale customer services or specific questions or requests;
  • when we communicate with you as part of our marketing activities.

By accessing and using the Website or otherwise providing us with your personal data, for example when contacting our customer service, you confirm that you have read and that you understand the way we collect, process, use and disclose your personal data as described in this Privacy Policy. By accessing and using the Website, you agree to be bound by this Privacy Policy and consent to our processing of information as specified therein.

For specific processing activities, we need to obtain your consent to collect and process your personal data. When we need your consent, we will ask you, before you submit personal data or use the relevant sections of the Website, to confirm electronically that you consent to the processing activity at stake, as described in this Privacy Policy, by ticking specific boxes. Your affirmative action in ticking the relevant box and your use of this Website signify that you agree to the processing activity at stake as described in this Privacy Policy. Our records of your acceptance of this Privacy Policy, the date thereof, and of all future amendments to this Privacy Policy, shall be regarded as conclusive and written evidence of your consent.

You will also be informed of this Privacy Policy – and, when a specific processing activity requires your consent, be asked to consent – when contacting our customer service.

We collect and process your personal data in accordance with all applicable EU data protection laws and regulations, including, without limitation, the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 applicable as of 25 May 2018.

  1. DATA WE COLLECT ABOUT YOU
  1. Data that you provide voluntarily

Certain features of the Website may ask you to provide your personal data voluntarily.

In this respect we collect and process:

  • personal data that you provide when you interact with the Website functionalities, for example, when you open an account or upload user-generated content on the Website. This personal data may include:
    • your name, e-mail address, telephone number;
    • your username and password;
  • personal data that you provide when you purchase goods through the Website. This personal data may include:
    • your name, e-mail address, telephone number;
    • the history of products you purchase;
    • details regarding your transaction;
  • personal data that you provide when you take part/subscribe to our marketing activities through our Website, for example, when you subscribe to our newsletter(s) or mailing list(s) or participate to promotions and other initiatives such as loyalty programs, contests, etc. This personal data may include:
    • your name, e-mail address, telephone number;
    • the history of your purchases;
    • your gender;
    • your preferences and interests; 
  • personal data that you provide when you interact with our customer service, for example, when you send a question about a product, communicate feedback to us, contact our customer service for support, or request specific assistance or service from our customer service. This personal data may include:
    • your name, e-mail address, telephone number;
    • the history of products you purchase;
    • information regarding the reasons why you contacted customer service;
  1. Data that we collect automatically

The processing of your personal data when you merely visit and consult the Website is limited to the so-called surfing data, namely the data whose transmission to the Website is implicit in the functioning of the systems in charge of the managing of the Website and in the communications protocols peculiar to the Internet. Surfing data are, for example, the IP addresses of the devices you use to connect to the Website and other parameters relating to your device and operating system.

In principle, surfing data, such as these above specified, and for example the number of visits and the time spent on the Website, are collected and processed by us exclusively for statistical purposes and in aggregated form for purposes of measuring and enhancing the functioning of the Website. Due to the nature itself of surfing data, these data may lead to identification of users if they are associated with data held by third parties; however, we do not collect surfing data in order to associate them with identified users, except where said data may be used for purposes of assessing possible responsibilities in case of information crimes realized against the Website or through the Website to the extent permitted by the applicable EU data protection laws and regulations. 

  1. Data that we collect from third-party social networks

You may choose to subscribe to the Website via your social media account. Exactly what information we receive from your social media will depend on your social media privacy settings, but it would typically include your basic public profile information such as your username, gender, your friends subscribed to the Website through the respective social media account. (See below also Section “Third-Party Social Networks” of this Privacy Policy).

  1. No special categories of personal data

We do not request or intend to collect any “special categories of personal data” such as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. Kindly be cautious when sharing this information about yourself (or others) within the Website.

  1. THIRD-PARTY SOCIAL NETWORKS
  1. Connecting to Third-Party Social Networks

The Website also uses third-party services such as Facebook (“Third Party Social Networks”). The Website enables you to log in to your Third-Party Social Network account to connect to the Website by using the “Log in” feature on the Website. Please note, that Third Party Social Networks are governed by their own privacy policies, terms and end-user agreements and we are not responsible for and have no control over, the sharing practices or policies of the third parties that operate those sites. For additional questions, contact us at info@oxywise.com.  

  1. Information we may receive when you connect to Third-Party Social Networks

The information you allow us to access varies by Third Party Social Networks and is affected by the privacy settings you establish on those Third-Party Social Networks. You can control and find out more about these settings from the Third-Party Social Network in question. When you use the “Log in” feature, we may access and store some or all of the following information, as allowed by you, from Third-Party Social Networks and your preferences: (i) your basic information from your public profile, such as your nickname, profile picture; (ii) login ID and/or user identifier string; or (iii) any other information which is detailed and displayed to you in the notice which appears during the “Log in with” process.

  1. COOKIES

The Website uses cookies. Cookies are text files that are stored in the Internet browser or on the Internet browser on the computer system. When the Website is called, a cookie can be stored on the operating system. This cookie contains a characteristic string that allows the browser to be uniquely identified when the Website is reopened. However, this does not mean that we are immediately aware of your identity. 

The use of cookies serves to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages on the Website. These are automatically deleted after leaving the Website. 

Cookies are stored on the computer of the user and transmitted by this computer on our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for the Website, it may not be possible to use all the features of the Website to the full extent. 

  1. WHO CONTROLS THE PROCESSING OF YOUR PERSONAL DATA AND WHO IS ACCOUNTABLE FOR IT

The controller of the personal data (i) that are collected when you use this Website (other than when you purchase goods from us), and (ii) that are collected for our marketing and profiling activities is: OXYWISE, s.r.o. For further details and how to contact us, please refer to info@oxywise.com.  

The controller of your personal data when you purchase goods from us is the company OXYWISE, s.r.o., a company established under the laws of Slovac republic, with registered seat at: Hurbanova 21, 921 01 Piešťany, Id. No. 44651465, registered in the Trnava District Court(hereinafter collectively, “we” or ”us” or “our”), that sells the goods to you through our Website. OXYWISE, s.r.o.  is also the controller of the personal data that you provide when you interact with our customer service.

Our data protection officer may be contacted at info@oxywise.com.  

  1. RECIPIENTS OF PERSONAL DATA

Personal data collected through our Website, and as part of our customer service are stored on the servers provided and managed by our third-party storage and hosting provider STUDIO TEM, s.r.o.,, whereas servers located in FrankFurt, Germany.

Your personal data will be processed by persons in our departments who need to know the personal data. 

For purposes of delivering goods and processing payments, we transmit the necessary data to logistics companies and payment service providers. These service providers are carefully selected and contractually obligated to treat your personal data confidentially and to use them exclusively for purposes of making the delivery or processing payment, as applicable. However, in the case of the disclosure of your personal data to such third parties, the scope of the personal data transmitted is limited to the minimum required. 

Furthermore, unless this Privacy Policy specifies otherwise, we will only disclose your personal data to third parties if we are authorized or obligated to do this based on legal provisions or official or court orders or if you have given us your express consent to do so. 

  1. PURPOSES OF PERSONAL DATA PROCESSING

We collect and process your personal data for the following purposes:

  1. OXYWISE, s.r.o., as controller, processes your personal data for the following purposes:
  1. to operate and manage the Website, including:
    1. to provide you with the services or functionalities that you request on the Website;
    2. to create your account and manage your subscription on the Website;
    3. to improve your browsing experience and ameliorate the Website;
  1. to conduct marketing activities for us, including:
    1. for direct marketing purposes, (including to manage your subscription to our newsletter(s) or mailing list(s) or loyalty program(s); (ii) to allow participation to promotions and other initiatives, such as contests; (iii) to send you (subject to your consent, that is optional), also through e-mail promotional information and material on our products and services, on special initiatives on price and promotions and on initiatives such as loyalty programs or contests organized by us or to which we take part);
    2. for survey purposes (subject to your consent, that is optional);
    3. for profiling purposes (subject to your consent, that is optional);
    4. to improve our products and services;
  1. for other purposes:
    1. for fraud prevention purposes; and
    2. to comply with our obligations under the applicable EU data protection laws and regulations, and to assess and defend a legal rights.
  1. OXYWISE, s.r.o., as controller, processes your personal data for the following purposes:
  1. to manage your purchases of goods through the Website:
    1. this includes all activities relating to the purchase of goods, such as for example delivery of goods, billing, returning and exchanging of goods, receiving refunds, purchase and use of vouchers;
  1. to provide you with our customer service, including:
    1. to provide you with after-sale services;
    2. to respond to your request(s) of information, question(s), communication(s) or feedback;
    3. for internal training purposes and improvement of our customer service;
  1. for other purposes:
    1. for fraud prevention purposes; and
    2. to comply with our obligations under the applicable EU data protection laws and regulations, and to assess and defend a legal rights.
  1. WHEN ARE YOU OBLIGED TO PROVIDE YOUR PERSONAL DATA AND WHAT ARE THE CONSEQUENCES IF YOU REFUSE TO PROVIDE THEM

Except  in relation to the surfing data, providing your personal data may be a requirement necessary to enter into or to perform a contract, including for the performance of certain services and functionalities offered by the Website, such as subscription to the Website, the purchase of goods through the Website, the management of participation to loyalty programs, promotions and other initiatives communicated through the Website, replying to and managing of request of information, questions, communication or feedback. In the above referenced circumstances, refusal to provide your personal data would make it impossible for us to perform the contract or to provide the requested services, products or information as above specified.

Providing your personal data for survey, marketing and other profiling purposes as above specified is optional; refusal to provide your personal data for these purposes will not have any impact on the entering into or performance of the contract.  When requested under the applicable EU data protection laws and regulations, we will collect your prior consent before proceeding to processing your personal data for these purposes. 

  1. ELEMENTS CONTROLLED BY THIRD PARTIES AND WHO IS RESPONSIBLE AND LIABLE FOR SUCH ELEMENTS?

The Website may contain links to other websites, as well as objects or elements controlled by third parties.

An example are plug-ins that may connect our Website to social networks like Facebook or Twitter (“Social Plug-ins”) and that are usually identified by the relevant social network’s logo. If you interact with a Social Plug-ins on our Website, your browser may send such social network certain data relating to you, such as your user ID, information on the Website, date and time, and other browser-related information. Such information will be processed by the social networks, owned and operated by third parties, according to their privacy policies.

We do not have access nor control over elements, objects, plug-ins, cookies, web beacon and other items or tracking technologies owned and operated by third parties, available on our Website or on the relevant third party websites, which users may access on or from the Website, and over the relevant methods of processing of personal data through such elements or sites.  We disclaim any responsibility for such websites. You should check the privacy policy of third party websites and elements accessed from the Website to learn about the conditions applicable to the processing of personal data since this Privacy Policy applies only to the Website.

  1. WEBSITE ANALYSIS

The Website uses Google Analytics, a web analysis service of Google Inc. (“Google”).

Google Analytics uses «cookies», text files that are stored on your computer and make it possible to analyze your use of the Website. The information generated by the cookie regarding your use of this Website is normally transferred to one of Google’s servers in the USA and stored there. IP anonymization has been activated on the Website, so the IP address of users will be abbreviated beforehand by Google within Member States of the European Union or in other States party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to one of Google’s servers in the USA and abbreviated there. Google will utilize this information on behalf of the operator of the Website to analyze the use of the Website, compile reports on the Website activity and to provide its operator with additional services related to the use of the Website and of the Internet. The IP address transmitted by your browser in connection with Google Analytics will not be combined with other Google data. You can find additional information about data protection at Google here. You can prevent the storage of cookies by configuring your browser software appropriately; however, please note that, if you do this, you may not be able to use all of the Website’s features to the fullest extent. 

You can also prevent the data generated by the cookie regarding your use of the Website (including your IP address) from being recorded and transferred to Google and from being processed by Google by downloading and installing the designated browser plugin. 

  1. YOUR RIGHTS

As an individual whose personal data is processed as described in this Privacy Policy, you have a number of rights which are summarized below. Please note that exercising these rights is subject to certain requirements and conditions as set forth in applicable laws and regulations.

You can exercise these rights at any time by following the instructions below or sending us relevant requests to info@oxywise.com.

Your rights include:

Right of access

You have the right to obtain confirmation from us as to whether or not personal data that concerns you is processed, and, if so, to request access to such personal data including, without limitation, the categories of personal data concerned, the purposes of the processing and the recipients or categories of recipients. However, we do have to take into account the rights and freedoms of others, so this is not an absolute right. If you request more than one copy of the personal data undergoing processing, we may charge a reasonable fee based on administrative costs.

Right to rectification

You have the right to request from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you also have the right to request that incomplete personal data be completed, including by means of providing a supplementary statement.

Right to erasure (‘right to be forgotten’)

You have the right to request from us the erasure of personal data concerning you in certain circumstances as defined under applicable law. When your request falls within one of those circumstances, we will erase your personal data without undue delay. If, for technical and organizational reasons, we were not able to erase your personal data, we will ensure that it is fully and irreversibly anonymized so that we will not longer be holding such personal data about you.

Right to restriction of processing

In certain circumstances as defined under applicable law, you have the right to request the restriction of processing of your personal data. In such case, your personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.

Right to data portability

In certain circumstances as defined under applicable law, you have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit that data to another controller or to have such personal data transmitted directly from us to another controller, where technically feasible.

Right to object

In certain circumstances as defined under applicable law, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.  This notably applies in case of processing of your personal data based on our legitimate interests or for statistical purposes.

Right to object to direct marketing

Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing for such direct marketing (including profiling related to such direct marketing).

Right not to be subject to a decision based solely on automated processing,

Subject to certain restrictions, you have the right not to be subject to a decision based solely on automated processed, including profiling, which produces legal effects on you similarly significantly affects you.

Right to withdraw consent

If you have declared your consent for any personal data processing activities as described in this Privacy Policy, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to withdrawal of the consent.

If you wish to access such personal data or exercise any of the rights listed above, you should apply in writing, providing evidence of your identity to  info@oxywise.com.

Any communication from us in relation to your rights as detailed above will be provided free of charge. However, in case of requests that are manifestly unfounded or excessive, in particular because of their repetitive character, we may charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request.

In case you have a complaint about the processing of your personal data, you have the right to lodge a complaint with a competent supervisory authority.

  1. LEGAL BASIS

We will collect and process your personal data for the purposes described in the Section “Purposes of personal data processing” of this Privacy Policy on one of the following legal basis:

  • The processing of your personal data is necessary for performance of a contract with you or in order to take steps prior to entering into a contract with you at your request;
  • The processing is necessary for the purposes of our legitimate interests and/or of our affiliates’ and/or of other third parties’ legitimate interests, and such interests are not overridden by your interests or fundamental rights and freedoms;
  • The legitimate interests that we pursue notably include our interest to manage and maintain the contractual relationship with you, to answer to your specific requests, to ask your feedback in order to improve our Website and our products, or to pursue other general marketing activities;
  • Where your specific consent is required to the processing of your personal data as described herein, your personal data will be processed based on such consent;
  1. DIRECT MARKETING

We may from time to time process your personal data to send you marketing emails about our products. In this case your prior consent is required. These emails may contain features that help us make sure you received and were able to open the message. Furthermore, these emails may contain features to identify you when you click through a marketing email to visit the Website, which enable us to send you cart abandonment emails, and/or product view emails. 

We may share some of your personal data with our affiliate brands to send you personalized marketing emails.

You may opt out of receiving marketing emails, cart abandonment emails, and/or product view emails at any time, free of charge, by following the instructions in any marketing communication. Furthermore, you may select the frequency at which you receive marketing emails or unsubscribe if you no longer wish to receive marketing emails, cart abandonment emails, and/or product view emails by visiting the unsubscribe page.

We may also process your personal data to send you postal mail about our products. In this case your prior consent is required. You may opt out of receiving marketing mail at any time, free of charge, by following the instructions in marketing communication, or via our contact service page:  info@oxywise.com.

  1. SECURITY

We have implemented appropriate technical and organizational measures to protect the confidentiality, security and integrity of the collected information, and to prevent unauthorized access and the use of information contrary to this Privacy Policy. We use commercially reasonable efforts to assure that your information remains secure when maintained by us.

  1. INTERNATIONAL TRANSFER OF THE PERSONAL INFORMATION

Your personal information may be transferred to and processed in countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country.

This means that when we collect your personal information, we may process it in other countries. However, we ensure appropriate safeguards are in place so that your personal information will remain protected in accordance with this Privacy Policy. These include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between us and third party service providers and partners, which require us to protect personal information they process from the European Economic Area in accordance with the applicable EU data protection laws and regulations. It also includes transferring personal information to third party service providers and partners which are certified under the EU-US Privacy Shield.

  1. RETENTION

Your personal data are not kept by us for longer than the time necessary to achieve the specific data processing purposes described herein, unless shorter or longer retention periods apply under the applicable EU data protection laws and regulations.

  1. CHANGES TO THIS PRIVACY POLICY

We will occasionally update this Privacy Policy as necessary to protect our users, furnish current information, and respond to legal and technical changes. The most current version of the Privacy Policy will govern our use of your information and will be available at https://oxywise.com/privacy-policy/.

For previous versions of this Privacy Policy, please contact us at info@oxywise.com.  

  1. CONTACT US

If you have questions or concerns about this Privacy Policy, please contact us through one of the following ways:

  1. for privacy questions and exercising your rights at info@oxywise.com.  
  2. our data protection officer: info@oxywise.com.   
  3. if you have a concern or compliance regarding our treatment of your personal data you can contact the relevant data protection authority. You can find contact details of data protection authority at https://edpb.europa.eu/about-edpb/board/members_en.  For more information on which authority to contact, please email us at info@oxywise.com.  
  4. for general information, please feel free to contact us via our contact service page: https://oxywise.internal.studiotem.com/contact-us/.